Who Is Liable for Injuries Caused by a Medical Product Defect?August 5th, 2016
Companies that manufacture medical products must issue a recall if they discover a safety defect. The U.S. Food & Drug Administration may request a recall if it receives reports about product malfunctions, unexpected side effects or other defects.
When medical products are recalled, doctors, patients and consumers will receive a notification by letter, email, fax and/or public announcement via sites such as Recall Guide and the U.S. Food & Drug Administration’s website.
If you were injured by a defective medical product, then you may have grounds for a personal injury claim. However, these cases are notoriously complex. It may be challenging to identify the liable parties and prove liability, negligence and damages.
If you were injured by a defective medical product in Louisiana, contact the The Bowling Christiansen Law Firm. David A. Bowling is a medical malpractice lawyer in New Orleans who can handle the legal aspects of your claim so you can focus on recovery.
Mr. Bowling has more than 30 years of trial experience. Call (504) 586-5200 to schedule a consultation.
Defective Medical Products: Who Is Liable?
The manufacturer is usually the liable party in product liability claims; however, there may be other parties that are liable for injuries that a defective medical device causes. For example, the doctor who used the medical product may be liable if he or she:
Knew the product was recalled;
Knew that it caused adverse effects to some patients;
And used the product despite its risks.
In addition to the product manufacturer and doctor, there may be other liable parties in a medical product liability case. Examples include testing laboratories, retail suppliers and medical sales representatives.
Medical Products That Have Been Associated with Defects
Although almost any medical product can have a potentially harmful defect, a few items have been associated with product liability claims in recent years. Examples include:
Robotic surgery systems;
What Is the Statute of Limitations for Product Liability Claims in Louisiana?
If you were injured due to a defective product, you must file your lawsuit before the statute of limitations expires. Otherwise, it is unlikely that the court will hear your case. If you were injured by a defective medical product in Louisiana, you must bring your action within one year of the date when the injury happened.
Class Action Lawsuits Related to Medical Device Defects
You may be able to join a class action lawsuit if one has already been filed by other patients who were injured by the same product. There are several advantages to this; for example, you won’t have to find your own attorney because the lawyers who are representing the class will also represent you. Also, you probably won’t have to pay upfront fees. However, it may be wise to file your own lawsuit if your injuries are different or much worse than those of other patients in the class.
If you were injured due to a defective medical device, contact the The Bowling Christiansen Law Firm. David A. Bowling is a New Orleans pharmacy error attorney who can evaluate your case to determine if you have grounds for a claim.
The Bowling Christiansen Law Firm is an AV-rated law Firm under Martindale-Hubbell’s peer review rating system. Call (504) 586-5200 to schedule a consultation.